consent
Defined in 3 places across 3 titles of the United States Code.
Consent.—The term “consent” means words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent. A person cannot consent to sexual activity if—
(A) under 16 years of age; or
(B) substantially incapable of—
(i) appraising the nature of the sexual conduct at issue due to—
(I) mental impairment or unconsciousness resulting from consumption of alcohol, drugs, a similar substance, or otherwise; or
(II) mental disease or defect which renders the person unable to understand the nature of the sexual conduct at issue;
(ii) physically declining participation in the sexual conduct at issue; or
(iii) physically communicating unwillingness to engage in the sexual conduct at issue.
Source
- 2007–201110 U.S.C. § 920Armed Forces · Art. 120. Rape, sexual assault, and other sexual misconduct · in this section
The term "consent" means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance does not constitute consent. Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent.
Source
- 2018–present10 U.S.C. § 920Armed Forces · Art. 120. Rape, sexual assault, and other sexual misconduct · in this section
The term “consent” means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent.
Source
- 2011–201810 U.S.C. § 920Armed Forces · Art. 120. Rape, sexual assault, and other sexual misconduct · in this section
The term “consent” means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.
Source
- 2025–present47 U.S.C. § 223Telecommunications · Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications · in this section
The term "consent" means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion.
Source
- 2022–present15 U.S.C. § 6851Commerce and Trade · Civil action relating to disclosure of intimate images · in this section